USDC IN/ND case 1:23-cv-00468 document 1 filed 11/03/23 page 1 of 9

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION

CASE NO.: 1:23-cv-00468

IVAN RADIC,

Plaintiff,
v.

ALLCITY ADJUSTING LLC, and

ZOR DEVELOPMENT LLC,

Defendants,

COMPLAINT FOR COPYRIGHT INFRINGEMENT

(INJUNCTIVE RELIEF DEMANDED)

Plaintiff IVAN RADIC by and through his undersigned counsel, brings this Complaint

against Defendants ALLCITY ADJUSTING LLC and ZOR DEVELOPMENT LLC for damages

and injunctive relief, and in support thereof states as follows:

SUMMARY OF THE ACTION

Plaintiff IVAN RADIC (“Radic”) brings this action for violations of exclusive

rights under the Copyright Act, 17 U.S.C. § 106, to copy and distribute Radic's original

copyrighted Work of authorship.

Radic has been a professional photographer since 2017. Radic works with many

different clients and focuses on different styles of photography.

Defendant ALLCITY ADJUSTING LLC (“AllCity”) is a family-owned claims

company that assists owners of residential and commercial property when they file a claim with

their insurer. They are one of the only multi-lingual public adjuster companies that will handle

the entire claim process from start to finish. Outside of helping residential and commercial

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CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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property owners, AllCity also has established teams around the nation that help with disaster

relief situations. At all times relevant herein, AllCity owned and operated the internet website

located at the URL www.allcityadjusting.com (the “Website”).

Defendant ZOR DEVELOPMENT LLC (“ZOR”) is the registrant of the

Website.

Defendants AllCity and ZoR are collectively referred to herein as “Defendants.”

Radic alleges that Defendants copied Radic’s copyrighted Work from the internet in order to

advertise, market and promote their business activities. Defendants committed the violations

alleged in connection with Defendants' business for purposes of advertising and promoting sales

to the public in the course and scope of the Defendants' business.

JURISDICTION AND VENUE

This is an action arising under the Copyright Act, 17 U.S.C. § 501.

This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C.

§§ 1331, 1338(a).

Defendants are subject to personal jurisdiction in Indiana.

Venue is proper in this district under 28 U.S.C. § 1391(b) and (c) and 1400(a)

because the events giving rise to the claims occurred in this district, Defendants engaged in

infringement in this district, Defendants reside in this district, and Defendants are subject to

personal jurisdiction in this district.

DEFENDANTS

AllCity Adjusting LLC is an Indiana Limited Liability Company, with its

principal place of business at 99 East 86th Avenue, Suite G, Merrillville, Indiana, 46410, and can

be served by serving its Registered Agent, Andrzej Gurczak, 127 Main Street, Crown Point,

Indiana, 46307.
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ZOR Development LLC is an Indiana Limited Liability Company, with its

principal place of business at 127 Main Street, Crown Point, Indiana, 46307, and can be served

by serving its Registered Agent, Andrzej Gurczak, at the same address.

THE COPYRIGHTED WORK AT ISSUE

In 2020, Radic created the photograph entitled “Plaster falling off the ceiling,”

which is shown below and referred to herein as the “Work”.

Radic registered the Work with the Register of Copyrights on September 17,

2021, and was assigned registration number VA-2-275-657. The Certificate of Registration is

attached hereto as Exhibit 1.

Radic published the Work on May 31, 2020, by displaying it on his Flickr page at

https://www.flickr.com/photos/26344495@N05/49956319808 (the “Flickr Page”). At the time

he published the Work on the Flickr Page and at all times thereafter, Radic denied usage rights to

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CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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the public with details able to be found by clicking on his All Rights Reserved link on his Flickr

Page.1

Radic’s display of the Work on the Flickr Page also included copyright

management information (“CMI”) next to the Work in the form of Radic’s name, copyright

notice, and the link to the licensing terms (collectively the “Attributions”).

Radic's Work is protected by copyright but was not otherwise confidential,

proprietary, or trade secrets. The Work in perspective, orientation, positioning, lighting, and

other details is entirely original, distinctive, and unique. As such, the Work qualifies as subject

matter protectable under the Copyright Act.

At all relevant times Radic was the owner of the copyrighted Work.

INFRINGEMENT BY DEFENDANTS

Defendants have never been licensed to use the Work at issue in this action for

any purpose.

On a date after the Work at issue in this action was created, but prior to the filing

of this action, Defendants copied the Work.

On or about June 29, 2022, Radic discovered the unauthorized use of his Work on

the Blog section of the Website https://www.allcityadjusting.com/2022/05/10/claims-for-poorly-

installed-stucco/.

Defendants copied Radic's copyrighted Work without Radic's permission.

After Defendants copied the Work, they made further copies and distributed the

Work on the internet to promote the sale of goods and services as part of their claims adjusting

business.

1
https://www.flickrhelp.com/hc/en-us/articles/4404078674324-Change-Your-Photo-s-License-in-Flickr
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CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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Defendants copied and distributed Radic's copyrighted Work in connection with

Defendants' business for purposes of advertising and promoting Defendants' business, and in the

course and scope of advertising and selling products and services.

Radic's Work is protected by copyright but is not otherwise confidential,

proprietary, or trade secrets.

Defendants committed copyright infringement of the Work as evidenced by the

documents attached hereto as Exhibit 2.

Radic never gave Defendants permission or authority to copy, distribute or

display the Work at issue in this case.

Radic notified Defendants of the allegations set forth herein on December 02,

2022 and January 17, 2023. To date, the parties have failed to resolve this matter.

When Defendants copied and displayed the Work at issue in this case, Defendants

removed Radic's copyright management information from the Work.

Radic never gave Defendants permission or authority to remove copyright

management information from the Work at issue in this case.

COUNT I
COPYRIGHT INFRINGEMENT

Radic incorporates the allegations of paragraphs 1 through 29 of this Complaint as

if fully set forth herein.

Radic owns a valid copyright in the Work at issue in this case.

Radic registered the Work at issue in this case with the Register of Copyrights

pursuant to 17 U.S.C. § 411(a).

Defendants copied, displayed, and distributed the Work at issue in this case and

made derivatives of the Work without Radic's authorization in violation of 17 U.S.C. § 501.

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CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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Defendants performed the acts alleged in the course and scope of its business

activities.

Defendants' acts were willful.

Radic has been damaged.

The harm caused to Radic has been irreparable.

COUNT II
REMOVAL OF COPYRIGHT MANAGEMENT INFORMATION

Radic incorporates the allegations of paragraphs 1 through 29 of this Complaint as

if fully set forth herein.

The Work at issue in this case contains copyright management information

(“CMI”) in the form of Attributions on the Flickr Page.

Defendants knowingly and with the intent to enable or facilitate copyright

infringement, removed CMI from the Work at issue in this action in violation of 17 U.S.C. §

1202(b).

Defendants committed these acts knowing or having reasonable grounds to know

that they will induce, enable, facilitate or conceal infringement of Radic's rights in the Work at

issue in this action protected under the Copyright Act.

Defendants caused, directed and authorized others commit these acts knowing or

having reasonable grounds to know that they will induce, enable, facilitate or conceal

infringement of Radic's rights in the Work at issue in this action protected under the Copyright

Act.

Radic has been damaged.

The harm caused to Radic has been irreparable.

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CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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COUNT IV
ADDITION OF FALSE COPYRIGHT MANAGEMENT INFORMATION

Radic incorporates the allegations of paragraphs 1 through 29 of this Complaint as

if fully set forth herein.

The Work at issue in this case contains false copyright management information

(“CMI”).

Defendants knowingly and with the intent to enable or facilitate copyright

infringement, added CMI to the Work at issue in this action in violation of 17 U.S.C. § 1202(a)

in the form of its logo embedded upon the Work, as shown below:

Defendants distributed copies of the Works to third parties, which included false

copyright management information conveyed in connection with the Work.

Defendants committed these acts knowing or having reasonable grounds to know

that they will induce, enable, facilitate or conceal infringement of Radic's rights in the Work at

issue in this action protected under the Copyright Act.

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Defendants caused, directed and authorized others commit these acts knowing or

having reasonable grounds to know that they will induce, enable, facilitate or conceal

infringement of Radic's rights in the Work at issue in this action protected under the Copyright

Act.

After removing CMI from the Work, Defendants applied they own false CMI

upon the Work, Defendants applied they own false CMI upon the Work.

After applying the false CMI to the Work, Defendants published the Work in

violation of 17 U.S.C. § 1202(a).

Radic has been damaged.

The harm caused to Radic has been irreparable.

WHEREFORE, the Plaintiff IVAN RADIC prays for judgment against the Defendants

ALLCITY ADJUSTING LLC and ZOR DEVELOPMENT LLC that:

a. Defendants and their officers, agents, servants, employees, affiliated

entities, and all of those in active concert with them, be preliminarily and permanently

enjoined from committing the acts alleged herein in violation of 17 U.S.C. §§ 501, 1203;

b. Defendants be required to pay Radic his actual damages and Defendants'

profits attributable to the infringement, or, at Radic's election, statutory damages, as

provided in 17 U.S.C. §§ 504, 1203

c. Radic be awarded his attorneys’ fees and costs of suit under the applicable

statutes sued upon;

d. Radic be awarded pre- and post-judgment interest; and

e. Radic be awarded such other and further relief as the Court deems just and

proper.

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CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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JURY DEMAND

Radic hereby demands a trial by jury of all issues so triable.

DATED: November 3, 2023 Respectfully submitted,

/s/ Campbell Miller

J. CAMPBELL MILLER
IN Bar Number: 38279-49
Campbell.miller@sriplaw.com

SRIPLAW, P.A.
6325 Riverview Drive
Indianapolis, IN 46220
317.965.7772 – Telephone
561.404.4353 – Facsimile
and
EVAN A. ANDERSEN
Evan.andersen@sriplaw.com

SRIPLAW, P.A.
3355 Lenox Road NE
Suite 750
Atlanta, GA 30326
470.598.0800 – Telephone
561.404.4353 – Facsimile

Counsel for Plaintiff Ivan Radic

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CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK